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Reso 0384-06/1974 RESOLUTION NO. 384 RESOLUTION OF THE BOARD OF DIRECTORS OF THE SAN MARCOS COUNTY WATER DISTRICT MODIFYING LOCAL GUIDELINES OF THE SAN MARCOS COUNTY WATER DISTRICT IMPLEMENTING THE ENVIRONMENTAL QUALITY ACT, AS AMENDED [CHANGE 2] WHEREAS, the California Environmental Quality Act of 1970, as amended, and the Guidelines for Implementation of that statute by the California Resources Agency require this District to adopt local guidelines implementing the statute and regulations of the California Resources Agency. WHEREAS, the Secretary of Resources has recently amended the regulations of that agency and it is necessary for this District to modify the District regulations on environmental quality. WHEREAS, the San Marcos County Water District has heretofore adopted regulations implementing the Environmental Quality Act in District Resolution 366 as amended in Resolution No. 380 [Change 1], which regulations must be amended to con- form to the changes in the regulations issued by the California Resources Agency. NOW, THEREFORE, THE BOARD OF DIRECTORS OF THE SAN MARCOS COUNTY WATER DISTRICT DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1: Attached hereto and incorporated herein as Appendix A of this Resolution, are the modifications constituting change to the District Guidelines. Section 2: Effective this date, the regulations set forth in Resolutions No. 366 and No. 380 are hereby modified to conform to the regulations set forth in Appendix A to this Resolution. PASSED AND ADOPTED this 17th day of June 1974, by the -1- Resolution 384 following roll call vote: AYES: Directors: Dutton, Vanderbeck, Dow, Mahr,Blanchard NOES: Directors: None ABSTAIN: Directors: None ABSENT: Directors: None re~id~ nt of the ~oard of D~.~ectors %f Sad~Marcos County Water District ATTEST: /~/Secretary of San Marcos~County Water District APPENDIX "A" RESOLUTION NO. 384 Section 19.1 is added to read: 15035.5 Notice of Exemption. Notice of exemption means a brief notice which may be filed by a district when it has approved or determined to carry out a pro- ject, and it has determined that it is ministerial, categorically exempt or an emergency project. Such a notice may also be filed by an applicant where such a determination has been made by a district, which must approve the project. The contents of this notice are explained in sections 26.1 (a) and (b). Section 26.1 is added to read: 15074 Notice of Exemption. (a) When a district's staff determines that a project is exempt from the re- quirements of CEQA because it is an emergency project, a ministerial project or categorically exempt, and the district approves or determines to carry out the project, it may file a notice of exemption. Such notice shall include (1) a brief description of the project, (2) a finding that the project is exempt, including a citation to the local guidelines section under which it is found to be exempt, and (3) a brief statement of reasons to support the finding. (b) Whenever a district approves an applicant's project, it or the applicant may file a notice of exemption. The notice of exemption filed by an applicant shall contain the information required in subdivision (a) above, together with a certified document issued by the district stating that it has found the project to be exempt. This may be a certified copy of an existing document or record of the district. (c) The notice of exemption will be filed with the County Clerk of the county or counties in which the project will be located. Copies of all such notices will be available for public inspection. Section 29 is amended to read: 15083 (b)B. Public Availability of Negative Declaration. Upon completion of a negative declaration, the Manager or other designated person shall cause a copy of the negative declaration and the initial study to be filed and posted at the District's office and made available for public inspection. C. Board Approval or Disapproval of Project. Following the filing and posting of the negative declaration at the District's office, but in no event sooner than 15 days following the date of such filing and posting, the Board may consider the project at a regular or special meeting for purposes of approval or disapproval. Members of the public may appear before the Board and present their views prior to the Board's determination to approve or disapprove of the project. -1- Appendix "A" to Resolution No. 384 Section 29 is further amended to redesignate the balance of its subdivisions: subdivision "E" is redesignated subdivision "D"; subdivision "F" is redesignated subdivision "E"; and subdivision "G" is redesignated subdivision "F". Section 30 is amended to read: 15085 (f) K. Adoption of Final EIR by Board: Board Approval or Disapproval of Project. Following preparation of the final EIR, it shall be presented to the Board at a regular or special meeting. If the Board find the final EIR to be in order, it shall certify it, whereupon it may proceed immediately to con- sider the proposed project for purposes of approval or dis- approval. Members of the public may appear before the Board to approve or disapprove the project. -2-